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Do I file an LLC Operating Agreement with Montana? The state of Montana does not require standard LLCs to file an Operating Agreement with the state. You will not be legally penalized for failing to create an Operating Agreement.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Under all LLC statutes, the general rule is that the members of the LLC are not personally liable for obligations of the LLC, subject to such exceptions as personal guarantees or piercing of the organizational veil.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.
Montana does not require you to have an operating agreement when you form an LLC; however, even as the sole owner of the company, it's in your best interest to file an operating agreement when you create your LLC.
Rather than petitioning the court to remove a member from an LLC, members can petition the court to dissolve the LLC. An LLC must be dissolved in order for it to be terminated, i.e., for it to legally cease to exist. The LLC cannot enter into new contracts, although it may be required to satisfy existing agreements.
The only way a member of an LLC may be removed is by submitting a written notice of withdrawal unless the articles of organization or the operating agreement for the LLC in question details a procedure for members to vote out others.
This is one of the benefits of having an LLC because it allows a Manager to run the business without fear of personal liability. But, a Manager may be held personally liable for criminal action and intentional actions that are outside the scope of its authority.
How to Start an LLC in MontanaChoose a Name for Your LLC.Appoint a Registered Agent.File Articles of Organization.Prepare an Operating Agreement.Obtain an EIN.File Annual Reports.
The only way a member of an LLC may be removed is by submitting a written notice of withdrawal unless the articles of organization or the operating agreement for the LLC in question details a procedure for members to vote out others.